West Wind Wireless Service Terms and Conditions

Revised June 2024

These Terms and Conditions ("T&Cs") are a legally binding agreement between you and Advantage Systems LLC d/b/a West Wind Wireless, a Wyoming-based company, including its affiliates, assignees, and agents ("West Wind Wireless"). Please read these T&Cs carefully. They cover important information about the West Wind Wireless mobile phone services provided to you (the "Service"); your phone, handset, device, SIM card, data card, or other equipment or third-party device that may be used with our Service (the "Devices"); and the fees, taxes, and other charges you pay us ("Charges"). These T&Cs include, among other provisions, fees for late payments, limitations of liability, agreements regarding privacy, and resolution of disputes by arbitration instead of in court.

West Wind Wireless reserves the right to change or modify any of these T&Cs at any time and in its sole discretion. West Wind Wireless affiliate members are subject to additional terms as provided on the West Wind Wireless affiliate pages. These T&Cs do not alter the terms of the Affiliate Member Agreement or any other agreement the user may have with West Wind Wireless.

You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new or revised T&Cs. You must provide accurate and truthful information when setting up an account, maintain security of the account and password, and you agree to notify West Wind Wireless of any security breaches associated with your account. You agree to take responsibility for all activities that occur under this account.

1. Acceptance. 

Your Agreement with West Wind Wireless starts when you accept. You represent that you are at least 18 years old, and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, clicking the acceptance box during the online enrollment process or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; (d) paying for the Service; (e) opening the box or package of a Device or sim card purchased from West Wind Wireless or any of its 3rd party partners or vendors ("West Wind Wireless Device") ; or (f) failing to activate Service within 30 days after the initial purchase (a purchase of a West Wind Wireless Device, unless returned within the Cancellation Period (as defined in Section 5)). IF YOU DO NOT WANT TO ACCEPT, THEN DO NOT DO ANY OF THESE THINGS AND IMMEDIATELY DISCONTINUE USE OF THE SERVICE.

1. West Wind Wireless Service. 

West Wind Wireless service includes wireless service in the United States (including Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands). This means the following: (a) no additional charges regardless of the amount of data used within the United States. The Service may be offered at differing prices under different Service Plans, depending on the data speed you desire and other factors. Rate of speeds will reduce when the amount of data used exceeds the amount allotted under your Service Plan. Speeds reduce to a 2G data experience in these situations. In addition, when roaming domestically, speeds are usually limited to up to 2G speeds (approximately 128 Kbps). Data usage is reset monthly on varied dates and does not necessarily match the monthly billing date for that line. To know when this date is for your line, contact West Wind Wireless by email, phone or chat.

1. Service Availability. 

Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree that we are not liable for problems relating to service availability or quality.

1. Monthly Fees and Payment. 

West Wind Wireless provides the Service for a flat fee on a monthly, pay-in-advance basis under various Service Plans. Service begins when you pay the monthly payment for the first month of Service, which includes the West Wind Wireless Mobile Service Fee and the taxes and other assessments described in Section 6 and on our website at westwindwireless.com. Subsequent monthly payments are due by your monthly payment date, which occurs on each monthly anniversary of the date on which the first monthly payment is made. If you fail to make your monthly payment when it is due, your Service will be suspended until the payment is received. If you fail to make your monthly payment within 30 days after it is due, your Service will be terminated. Fees are not refunded or prorated if Service is terminated before your next payment date. If your Service is terminated, your account will be canceled. You will be required to re-enroll as a new customer in order to resume Service. If your Service is suspended for non-payment your monthly payment date will not change (for example, if your original billing cycle started on the 1st and you reactivate Service on the 15th day of the month your billing cycle will remain on the 1st). In the event that your Account is terminated, you will be required to sign up as a new customer. You may change your payment method or other payment options by clicking “Edit Billing Preferences'' when you log in to your westwindwireless.com portal. Usage details for each account are available upon request.

1. Cancellation and Returns. 

You have the option to cancel your service at any time. Upon cancellation, you are eligible for a complete refund of the device activation fee, provided that the equipment is returned in its original condition. Additionally, we will do our best to prorate any monthly charges to reflect only the time you used the service during the final billing cycle.

To process a return, please use the provided return label and ensure that the equipment you received at the time of enrollment is returned in its original packaging with all original contents. The equipment must be undamaged and in good working condition without any material alterations to the device's hardware or software.

If you return the device in a condition that is damaged, altered, or destroyed, we reserve the right to either decline the return or charge you for the cost of necessary repairs as well as any applicable shipping and handling charges.

1. Taxes, Fees, and Surcharges. 

You agree to pay all taxes, fees and surcharges (the "Fees") imposed by governments or governmental entities on you or us as a result of our providing the Service to you. We may not give advance notice of changes in Fees. To determine Fees, we will use the street address you identified as your Place of Primary Use ("PPU"). If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, you may be assigned a default location for tax purposes. Any dispute of the jurisdiction assigned must be submitted within 60 days of the billing in which the Fees were assessed. Fees include (a) Government Taxes & Fees.These Fees are typically imposed by jurisdictions directly on you, the user of the telecommunication services. Such Fees include, but are not limited to, sales tax; and (b) Other Surcharges. These surcharges include, but are not limited to, taxes that West Wind Wireless incurs to provide the Service but are not government taxes or fees imposed directly on our customers that we must collect by law. Examples include, but are not limited to, federal or state Universal Service fees, regulatory fees, excise taxes and gross receipts taxes. These surcharges will apply whether or not you directly benefit from the programs, activities or services included in the surcharge. The components and amounts of the Fees are subject to change without notice.

1. Unpaid Charges. 

If we do not receive payment in full for a West Wind Wireless Device or SIM, for the Service, or for any other amount owed to us by you (for example, in the case of a credit card chargeback in which a charge is disputed after you have received a West Wind Wireless Device from us), you may be charged a late fee of the greater of 1.5% per month (18% annually) or $5 per month, subject to the maximum allowed by law. We may use all lawful means to collect the amount owed and seek the return of any Device or service for which payment has not been received. If you fail to pay fees or any other amounts owed to West Wind Wireless under this agreement and West Wind Wireless refers your accounts(s) to a third party for collection, then West Wind Wireless will also charge you a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18%, to cover West Wind Wireless' collection-related costs. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. If any payment is dishonored or returned for any reason, we may charge you the maximum amount allowed under applicable law. ​​

1. Credit Card Chargebacks. 

If we have charged your registered payment method for a charge that we deem is authorized and valid under these Terms, and your credit card company or other payment provider subsequently withholds or revokes such payment to us because the charge has been disputed by you (a “Chargeback”), we reserve the right to suspend your access to the affected Services until the Chargeback is reversed or in the case of a billing dispute, the billing dispute is resolved as outlined in these Terms.

1. Your Right to Dispute Charges. 

Unless otherwise provided by law, you agree to notify us of any dispute regarding amounts owed to us within 60 days after the date you first incur the disputed amount. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. If you accept a credit, refund or other compensation or benefit to resolve a disputed amount, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 28. To contact or notify us, see Section 15.

1. Our Rights to Make Changes. 

Your Service is subject to our business policies, practices, and procedures, which we can change without notice. AS PROVIDED ABOVE, WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME.

1. Your Phone Number, Your Device, and Compatibility with Other Networks. 

Except for any legal right you may have to port or transfer your phone number, you will acquire no ownership rights in any number assigned to you. The wireless telecommunications networks used to provide the Service (the "West Wind Wireless Network") are owned and operated by other licensed entities, not West Wind Wireless. Your West Wind Wireless Devices may not be compatible with the network and services provided by another service provider. Devices not purchased through West Wind Wireless or its affiliates ("Non-West Wind Wireless Devices") must be compatible with the West Wind Wireless Network for use with the Services, and such devices may not work on the West Wind Wireless Network. A West Wind Wireless Device is approved by West Wind Wireless only for use with West Wind Wireless Service. At times we may remotely change software, systems, applications, features or programming on your Device without notice to address security, safety or other issues that impact the West Wind Wireless network or your Device. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. We may offer you changes to systems, applications, features or programming remotely to your Device; you will not be able to use your Device during the installation of the changes even for emergencies.

1. Roaming. 

Your Device may connect to another provider's network ("Off-Net") even when you are within the West Wind Wireless coverage area. You must use your Device predominantly within the West Wind Wireless Network coverage area. If your Off-Net voice usage or messaging usage exceeds an acceptable level, it may be necessary to terminate your service. We may terminate your Service at our discretion and without prior notice if you no longer reside in a West Wind Wireless Network coverage area, if your Off-Net usage makes it uneconomical for West Wind Wireless to provide Service to you, or if required under West Wind Wireless’ arrangements with its service providers.

1. Important Emergency and 9-1-1 Information. 

When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. West Wind Wireless is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, or our wireless network. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and West Wind Wireless does not determine the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. Furthermore, West Wind Wireless' cloud phone service does not provide access to 911 or emergency services and therefore neither West Wind Wireless nor its officers or employees may be held liable for any claim, damage, or loss (including, without limitation, attorneys' fees) by, or on behalf of, you or any third ­party user of relating to the fact that West Wind Wireless' cloud phone service does not provide access to 911 or emergency services. You waive all claims or causes of action, whether in contract, warranty, tort (including negligence), or any other form of liability, arising from or relating to the fact that West Wind Wireless' cloud phone service does not provide access to 911 emergency service.

1. Data Usage and Other Features. 

Permissible and Prohibited Uses: The West Wind Wireless Network is managed to facilitate the proper functioning of the Network as a whole and to provide a good experience to the majority of our customers. Services that require consistent high speeds, such as video calling, may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity, and sizing video more appropriately for a Device to transmit data files more efficiently. These practices are agnostic to the content itself and to the websites that provide it. While we avoid changing text, image, and video files in the compression process when practical, the process may impact the appearance of files as displayed on your Device. Downloadable Content and Applications: Most content or applications (e.g. downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) ("Content & Apps") are not sold by West Wind Wireless, and West Wind Wireless is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or web site you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps must be directed to the third party seller. When you use, download or install Content & Apps sold by a third party seller, you may be subject to license terms between you and third parties. When you use, download, or install Content & Apps that you purchase from West Wind Wireless, the Content & Apps are licensed to you by West Wind Wireless and may be subject to additional license terms between you and third parties. You may not transfer, copy, distribute, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional Charges. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. West Wind Wireless is not responsible for any third party content, advertisements, or websites you may be able to access using your Device. Use of Information: You agree that West Wind Wireless may update your Content & Apps remotely, or may disable or remove any Content & Apps at any time. Refer to West Wind Wireless' Privacy Policy below, as well as the Content & Apps creator/owner's privacy policy for information regarding their use of information collected when you download, install, or use any third party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.

1. Notices and Customer Communications. 

You expressly consent to be contacted by West Wind Wireless, your referring affiliate or our partner, for any and all purposes, at any telephone number, email address or physical address you provide to us or that we provide to you. You agree that West Wind Wireless may contact you in any way, including, pre-recorded or artificial voice delivered by an automatic telephone dialing system, text messages delivered by an automatic text system or e-mail messages delivered by an automatic e-mailing system. Notices from us to you are considered delivered when we send them to your Device or by email or fax to any email address you provided to us, or 3 days after mailing to your billing address. You agree that all electronic communications via email or postings on www.westwindwireless.com satisfy any writing requirements under the law. Such communications may pertain to agreements between you and West Wind Wireless, notices about security issues or our Privacy Policy, mandatory disclosures, or any other matters West Wind Wireless deems important. You may contact our Support department by emailing support@westwindwireless.com or by calling 307-683-9255.  To write us by mail please address correspondence to:

Advantage Systems LLC c/o West Wind Wireless

1712 Pioneer Ave.

Suite 658

Cheyenne, WY 82001

1. Lost or Stolen Devices. 

You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will still be responsible for additional monthly payments. If you request that we not suspend your Service, you will remain responsible for payments for all services used from your account. We may prevent a lost or stolen Device from registering on any network.

1. Misuse of Service or Device – Your Representation. 

By activating or renewing Service with West Wind Wireless, you agree that you do so because you want Service from West Wind Wireless and not for any other purposes. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person, or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or "denial of service" attacks; (c) tampering with or modifying your West Wind Wireless Device; (d) "spamming" or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (e) reselling West Wind Wireless Devices for profit, except as expressly authorized under, and in the context of, a duly executed Agreement between you and West Wind Wireless, or tampering with, reprogramming or altering West Wind Wireless Devices for the purpose of reselling the Service; (f) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, "bots" or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (g) any activity that West Wind Wireless in their discretion deem may harm the Network in any way; (h) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, West Wind Wireless' or another entity's network or systems; (i) running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or "keep alive" functions (e.g. using the Service for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); (j) assisting or facilitating anyone else in any of the above activities. Furthermore, West Wind Wireless may limit or terminate your line of Service at West Wind Wireless’ discretion if a) your Roaming usage makes it uneconomical for West Wind Wireless to provide Service to you; or b) West Wind Wireless agreement with a Roaming provider is modified or terminated. Unless authorized by West Wind Wireless, you agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms West Wind Wireless, and cannot be fully redressed by money damages, and that if such a violation occurs West Wind Wireless shall be entitled to immediate injunctive relief in addition to all other remedies available. SIM Cards: You agree to safeguard your SIM card and not allow any unauthorized person to use your SIM card. You agree not to alter, bypass, copy, deactivate, remove, reverse-engineer, or otherwise circumvent, clone, or reproduce the encoded information stored on, or the encryption tools of, your SIM card in any shape or fashion, or through any third party. Any usage contrary to this paragraph may result in immediate Service termination.

1. Device Rental Agreement

Rental Terms.

The device(s), including any router, modem, or other equipment provided ("Device"), are rented to you for the duration of your service subscription with West Wind Wireless. You agree that the Device remains the property of West Wind Wireless and is provided to you on a rental basis only. No ownership rights of the Device are transferred to you at any time.

Activation Fee.

Upon initiation of your service, you are required to pay a one-time activation fee, which covers the setup of your service and the rental of the Device. This fee does not constitute a purchase of the Device, and you acknowledge that you are only authorized to use the Device as long as you maintain an active service subscription with West Wind Wireless.

Return of Device.

You agree to return the Device to West Wind Wireless in good working condition upon termination or cancellation of your service. The Device should be returned with all its components and without any physical damage beyond normal wear and tear. If the Device is not returned within 30 days following the termination of your service, or if returned in a damaged or non-working condition, you may be charged a fee equivalent to the replacement cost of the Device.

Responsibility for Device.

You are responsible for the safekeeping of the Device during the rental period. Loss, theft, or damage to the Device due to negligence, misuse, or failure to adequately secure it may result in charges up to and including the full replacement cost of the Device.

Procedure for Return.

Instructions for the return of the Device will be provided upon termination or cancellation of your service. You are responsible for adhering to these instructions and ensuring that the Device is returned to the specified address or returned using pre-approved shipping methods as outlined by West Wind Wireless.

1. West Wind Wireless Network Agreement. 

You understand and agree that West Wind Wireless will have no legal, equitable or other liability of any kind to you. You acknowledge that the Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Network. You agree that West Wind Wireless will not be responsible for such interruptions of the Service or the inability to use the Service within or outside the Authorized Areas. You understand that such wireless service carriers cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service. You expressly understand and agree that the liability and obligations of West Wind Wireless to you under the T&Cs may be strictly controlled and limited by tariff, if any, and the laws, rules and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy and the total liability of West Wind Wireless, and/or any supplier of services to West Wind Wireless arising in any way in connection with the T&Cs, for any cause whatsoever, including but not limited to any failure or disruption of service provided, will be limited to payment by West Wind Wireless of damages in an amount equal to the amount charged to you for the Service provided under this agreement. In no event will West Wind Wireless be liable for any cost, delay, failure or disruption of the Service, lost profits, or incidental, special, punitive or consequential damages. In no event will West Wind Wireless. be liable for the failure or incompatibility of Equipment utilized by you in connection with the Service. You will use Equipment at its own risk. You will indemnify, defend and hold West Wind Wireless and the officers, employees and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the T&Cs; the provision or use of the Service; or the use, failure to use or inability to use the Number. This provision will survive the termination of the T&Cs. You acknowledge that the T&Cs is assignable by West Wind Wireless.

1. Service Suspension or Termination. 

Service may be temporarily suspended or permanently terminated without notice in the event that West Wind Wireless’ agreement with its suppliers is terminated or in the event that you violate the Acceptable Use Policy or other Network rules and policies. You waive any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.

1. 1. Our Rights to Limit or End Service or the Agreement. 

WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR THESE T&Cs WITHOUT NOTICE FOR ANY REASON, including without limitation, if you, any user of your Device, or any user on your account: (a) breaches the T&Cs; (b) provides inaccurate information or information we cannot verify; (c) lives in an area where we don't provide Service or your Off-Net usage makes it uneconomical for West Wind Wireless to provide Service to you (see Section 12); (d) transfers Service to another person without our consent; (e) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (f) misuses your Service or Device as described in Section 17; (g) causes West Wind Wireless to breach an agreement with any wireless carrier or to incur any material added expense; or (h) use(s) your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us. We may impose usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as access to an international long-distance provider), in our or sole discretion and without notice. If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a fee. If your Service or account is limited, suspended or terminated and then reinstated, you will be charged a reactivation upon re-enrollment.

1. Intellectual Property. 

You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of West Wind Wireless or any third party. Except for a limited license to use the Services and except as expressly authorized under a duly executed Social Member Agreement between you and West Wind Wireless, your purchase of Services and Devices does not grant you any license to copy, distribute, modify, reverse engineer, download, redistribute, or resell the intellectual property of West Wind Wireless or others related to the Services and Devices; this intellectual property may be used only with the Service unless expressly authorized by West Wind Wireless. You agree that a violation of this section harms West Wind Wireless, and cannot be fully redressed by money damages, and that if such a violation occurs West Wind Wireless shall be entitled to immediate injunctive relief in addition to all other remedies available.

1. Digital Millennium Copyright Act ("DMCA") Notice. 

If you believe that material available through our Services or Devices infringes your copyright, notify us as provided in Section 15. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.

1. Privacy Information. 

Our Privacy Policy governs how we collect and use information related to your use of our Service and is available online below. You agree to our Privacy Policy and agree that we may change our Privacy Policy without direct notice to you. You agree to check our website for West Wind Wireless' updated privacy policies. Notwithstanding the foregoing, if we change our privacy policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your device may automatically be stored on your SIM card, Device, or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our network servers. Some Devices automatically upload stored information (such as your address book, ringtones, or other data) to West Wind Wireless network servers. You may choose not to use this service by contacting West Wind Wireless Support; in this case, your Device will continue to upload your information to our servers but West Wind Wireless will not retain the information. Not using this service may result in the loss of functionality or the availability of certain services or features, and the permanent loss of information stored on a lost or stolen Device. You or West Wind Wireless may be able to remotely access or delete information stored on your Device.

1. Disclaimer of Warranties. 

Except for any written warranty that may be provided with a West Wind Wireless device you purchase from us, and to the extent permitted by law, the services and devices are provided on an 'as is' and 'with all faults' basis and without warranties of any kind. We make no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning your service or your device. We cannot promise uninterrupted or error-free service and do not authorize anyone to make any warranties on our behalf. We do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

1. Waivers and Limitations of Liability. 

Unless prohibited by law, we each agree to limit claims for damages or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other. This limitation specifically includes lack of recovery for loss of anticipated benefits or money, loss of data, any downtime loss, or any other similar damages you may suffer to yourself or your property. This limitation and waiver also applies to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. You agree we are not liable for problems caused by you or a third party, or for problems caused by West Wind Wireless' service, device, or any other aspect of its business. Except to the extent prohibited by law, all claims must be brought within 2 years of the date the claim arises. Some jurisdictions do not allow such limits on liability so these limits may not apply to you.

1. Indemnification. 

You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Service or Devices, breach of the T&Cs and all representations and warranties herein, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.

1. Dispute Resolution and Arbitration. 

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE T&Cs, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our affiliates) whenever you also assert claims against us in the same proceeding. We each also agree that the T&Cs affect interstate commerce so that the Federal Arbitration Act and federal arbitration law apply. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT. For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending us a written description of your claim as provided in Section 15 below. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. We each agree that if you fail to pay amounts due on a timely basis, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement. Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent as provided in Section 15 to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. All fees and expenses of arbitration will be divided between you and West Wind Wireless in accordance with the AAA Rules, except that West Wind Wireless will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. Except as otherwise provided in these T&Cs, an arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law any claims for punitive or exemplary damages. Unless West Wind Wireless and you agree otherwise, the location of any arbitration shall be Cook County, Illinois. Except where prohibited by law, West Wind Wireless and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party's actual damages. Neither you nor West Wind Wireless shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction thereof.

1. Class Action Waiver. 

WE EACH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.

1. Jury Trial Waiver. 

If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

1. Enforceability and Assignment. 

A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don't enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 27, if any part of the Agreement is held invalid that part may be severed from the Agreement. You may not assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between us and defines all of the rights you have with respect to your Service or Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives, West Wind Wireless Members,. or other parties. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; West Wind Wireless is not a party to that agreement. The original version of these T&Cs is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by us pursuant to these T&Cs, shall be in our sole reasonable discretion. The following paragraphs continue after termination of our T&Cs with you: 2, 4, 5, 6, 7, 8, 12, 14, 15, 16, 17, 18, 20, 22, 23, 24, 25, 26, 27 and 28.

1. Choice of Law. 

These T&Cs are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Illinois, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be conducted in Cook County, Illinois. If any provision of the T&Cs is found to be invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

Fair Use Policy

Revised May 2024

West Wind Wireless’ Fair Use policy is put in place to make each users’ internet experience as enjoyable as possible. This policy aims to regulate bandwidth usage across our customer base, safeguarding against disproportionate consumption by heavy data users. By implementing these measures, we maintain equitable access to high-speed internet for all our customers, thereby upholding the quality and reliability of our service.

During periods of peak use, the Fair Use Policy restricts the available connection speed of users identified as having made excessive use of bandwidth capacity, in favor of other users who have not yet used their fair share. We also reset to zero all monitored bandwidth usage on a monthly cycle, ensuring an equal usage profile and equal access to the network and internet bandwidth. Your data usage is predetermined by the plan you choose, and you will never be charged more for going over your data limit, however, your account will not continue to perform at the same level or speeds until the new billing cycle resets your data allotment. You can always upgrade your data plan if you find you consistently need more data, or you can wait for the data to reset. Unlimited plans will not be affected.  However, we do reserve the right to regulate excessive data usage on those plans as well to protect the rights and experience of all our customers.

On average, a household of four typically consumes between 300-500GB per month through activities such as surfing the web, streaming videos, emailing, and utilizing cloud storage for documents and photos.

It's important to note that intensive data activities like first-person gaming and cryptocurrency mining can escalate data usage dramatically, potentially exceeding terabytes (TB) within a short period. Such excessive use can strain network resources and impact service quality for other users. To prevent this, activities identified as significantly disproportionate are subject to moderation policies, including usage warnings and speed throttling until the data cycle resets.

For those who enjoy streaming movies and TV series, consider adjusting your device settings to stream at 720p/1080p rather than in HD/4K. This adjustment significantly reduces data consumption - from 14-20GB down to 2-4GB for a two-hour movie - without diminishing your viewing experience. Likewise, multiplayer online gaming and software updates are notable data consumers, and managing these can help maintain your monthly usage within the normal range.

Cellular internet is a shared experience, so please be aware that high traffic/peak hours cause more traffic to pass through the towers, and may impact your internet speeds. Also, when we offer unlimited data plans, please be advised that we do monitor and police usage as necessary. If we become aware of any traffic patterns that may be anomalous to regular historical usage, we have the right to reduce your data rates until your cycle resets or we can identify and curtail what is causing the issue. Finally, we don’t control how carriers maintain their towers or how they manage the traffic flow, nor do we have control over environmental conditions, weather, or other Acts of God. Some things just happen, however, we will try and keep you connected, or at least keep you informed if any mitigating factors affect your connection, and make it right when possible.